Nouvelles

[en anglais] Manitoba Ombudsman has released its investigation
report with a recommendation regarding the City of Winnipeg –
Winnipeg Police Service’s response to an application made under the
Freedom of Information and Protection of Privacy Act (FIPPA). The
application was for information about photo radar enforcement
locations. The ombudsman’s report includes the City of Winnipeg’s
response to the recommendation.

“This case highlights the complex nature of some of our
investigations and the steps taken to ensure that all relevant
factors are considered in the course of making findings about
whether a public body’s access decision complies with the
requirements of FIPPA,” said Ombudsman Charlene Paquin. “I want to
acknowledge the responsiveness of the WPS to our efforts to
carefully and thoroughly address the issues raised in this
case.”

The complaint initially related to the decision of the City of
Winnipeg – Winnipeg Police Service (WPS) that the requested records
were not in its custody or control. During our investigation, the
WPS revised its access decision and provided access to the
requested information in part with some information severed,
relying on an exception in FIPPA that allows a public body to deny
access if disclosure could reasonably be expected to endanger the
life or safety of a law enforcement officer. As a result of further
investigation, the ombudsman found that the WPS did not establish a
clear and direct connection between knowledge of all potential
photo enforcement locations and the risk of the harm to photo
enforcement operators, and therefore the cited exception did not
apply to most of the information in the record at issue,
particularly information about photo radar enforcement at public
locations.

Based on investigation findings, the ombudsman recommended
release of the remaining information at issue, while continuing to
sever information relating to photo radar enforcement on private
property. The WPS accepted the ombudsman’s recommendation and
complied with it by providing the complainant with that
information.

Since January 2011, all recommendations made by the ombudsman
about complaints under FIPPA are posted on the ombudsman’s website,
in accordance with requirements under the act.